State v. Kirksey, 2021 Ohio 2893

Jason A. Kirksey, Sr. was indicted for one count of first-degree felony possession of cocaine. He pled guilty pursuant to a jointly recommended sentence.
The parties agreed to an indefinite prison term of six to nine years; the trial court accepted the plea and imposed that sentence with 222 days credit.
At sentencing the prosecutor and defense counsel said Kirksey lacked the ability to pay a fine; the trial judge orally waived the mandatory fine under R.C. 2929.18 based on indigency and stated, “I’m not going to impose a fine.”
The written sentencing entry, however, did not record a waiver of the mandatory statutory fine; it only waived court costs and supervisory fees as the defendant was unable to pay.
Kirksey appealed, arguing the sentence was contrary to law because the journal entry failed to include the mandated waiver of the statutory fine. The State did not file a brief.
The Seventh District reversed and remanded for a nunc pro tunc sentencing entry to reflect the trial court’s oral waiver of the mandatory fine.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentence is contrary to law because the written entry omitted the trial court's oral waiver of the mandatory R.C. 2929.18 fine	State agreed at hearing no fine; did not contest on appeal (no brief filed)	Sentencing entry must reflect oral pronouncement; omission makes the sentence contrary to law	Reversed and remanded for nunc pro tunc entry adding waiver of the mandatory fine

State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (articulates appellate standard for reviewing felony sentences)